hindu_king
03-09 12:39 PM
Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
visves
12-20 12:03 PM
I believe the AP needs to be approved before the person leaves the country for it to be used while coming back. This needs to be clarified though.
From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
needhelp!
02-09 06:48 PM
That's a good one :)
bump
bump
karn.anand
11-02 07:32 AM
i Cant see my post here. Here is the link..http://www.kirupa.com/forum/showthread.php?t=337838
more...
sk.aggarwal
08-04 01:38 PM
Can some one help me out what i have to do in my specific case.
I applied for AINP on Feb-2009.That time my martial status is single.I got married on April-2009.I got my file number last week.If i want to include my spouse on my AINP process what i have to do?Did anyone faced this kind of situation?
Please help me.
I applied in April and we had a baby after that. I called on the number on the form and they said once I get the file number, I need to again fill out the forms which need dependent information and send them over with additional documentation. You may just want to call them and re verify. I found the CSR very helpful and polite.
I applied for AINP on Feb-2009.That time my martial status is single.I got married on April-2009.I got my file number last week.If i want to include my spouse on my AINP process what i have to do?Did anyone faced this kind of situation?
Please help me.
I applied in April and we had a baby after that. I called on the number on the form and they said once I get the file number, I need to again fill out the forms which need dependent information and send them over with additional documentation. You may just want to call them and re verify. I found the CSR very helpful and polite.
gmb
03-10 12:35 AM
You are not suppossed to submit the i-94 which you received along with 797. Submit only the POE i-94.
It was told by Officer when i had a issue with the visa date not mentioned in the i-94 during re-entry.
That's not TRUE. You are supposed to submit all your I-94s. Maybe, the officer meant the other half of I-94 card attached to your I-797 which is for your personal records. The actual I-94 attached to your I-797 (right half at the bottom) SHOULD BE returned along with the original I-94 to the airport authorities.
It was told by Officer when i had a issue with the visa date not mentioned in the i-94 during re-entry.
That's not TRUE. You are supposed to submit all your I-94s. Maybe, the officer meant the other half of I-94 card attached to your I-797 which is for your personal records. The actual I-94 attached to your I-797 (right half at the bottom) SHOULD BE returned along with the original I-94 to the airport authorities.
more...
radhay
11-04 12:38 PM
More than likely you will be called for interview in 2 months. That is what happend in my case. However since there are no visas when they completed my interview my application was put on hold.
wam4wam
09-21 11:45 AM
i kept telling you guys since last week
send faxes to congress /house...it is in the house where bills get structured.
make sure u add only the SKIL bill...just remove cap for ppl with advanced us degrees...that was the only thing the house had agreed to consider
but everyone on this forum ignored me
no it might be too little too late
i am not saying all i slost...atleast we got some action going amongst the members of this site
it aint rocket science guys....think about it from the lawmakers point of view....would they allow for more immigration frindly reforms now....no way...so be ready to compromise and suggest the ones which are truly benefecial to the US economy....
the bottom line was always...borders secure first..then talk about immigration reforms....
for the coming seasons....we have to push for nothing but the SKIL bill
that is the only bill that has hope
the other glimmer of hope in all this is the house has inadverently left out the fact on how they are going to fund the building of the wall
it is here that we step in...
fees for filing I485 for people under SKIL
fees for being able to file 485 before visa numbers
etc etc etc
we have to take advantage of this opportunity
in the mean while....SEND FAXES ABOUT SKIL BILL
send faxes to congress /house...it is in the house where bills get structured.
make sure u add only the SKIL bill...just remove cap for ppl with advanced us degrees...that was the only thing the house had agreed to consider
but everyone on this forum ignored me
no it might be too little too late
i am not saying all i slost...atleast we got some action going amongst the members of this site
it aint rocket science guys....think about it from the lawmakers point of view....would they allow for more immigration frindly reforms now....no way...so be ready to compromise and suggest the ones which are truly benefecial to the US economy....
the bottom line was always...borders secure first..then talk about immigration reforms....
for the coming seasons....we have to push for nothing but the SKIL bill
that is the only bill that has hope
the other glimmer of hope in all this is the house has inadverently left out the fact on how they are going to fund the building of the wall
it is here that we step in...
fees for filing I485 for people under SKIL
fees for being able to file 485 before visa numbers
etc etc etc
we have to take advantage of this opportunity
in the mean while....SEND FAXES ABOUT SKIL BILL
more...
delhirocks
03-30 04:00 PM
Double check with Halifax, as far as I remember Halifax does not entertain 3rd country nationals. I went through this when I was in Boston. Based on my research at that time (2003), I conculded the only options I have available are Montreal & Toronto (I went to Montreal).
Things might have changed since then.
Things might have changed since then.
sreenivas11
07-02 10:31 AM
UPDATE ON JULY VISA AVAILABILITY
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
Department of State Publication 9514
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
Department of State Publication 9514
more...
akp
06-30 07:35 PM
I do not know what was posted. But if it was not offensive language (and I mean offensive as in use of swear words), I do not agree that moderator or super moderator should delete it. Let it be there, if it is useless drivel, it will be ignored by most. So deleting an opinion or comment does not sound right, and it undermines the credibility of forum, especially in the US where these sort of things not taken lightly (think of communist label).
I understand the concept of keeping focus on immigration matters only, but leave it to members for most part.
The implication of our way or highway sounds childish.
Just my opinion in an "open" forum.
I understand the concept of keeping focus on immigration matters only, but leave it to members for most part.
The implication of our way or highway sounds childish.
Just my opinion in an "open" forum.
kish006
10-31 09:03 AM
Any luck today for any body. Please post if u got ur recipt number( july 2nd filers).
more...
adhantari
08-12 06:24 PM
what makes u think that he would be banned for asking such questions - if IV is busy may be some senior members can answer.
it little more. Why is this post missing from Front Page? Some posts are there even they are not updated in last 12hrs. This one was gone from front page in matters of hours. After my reply this should technically come up on front page.... see if it does........ :D
it little more. Why is this post missing from Front Page? Some posts are there even they are not updated in last 12hrs. This one was gone from front page in matters of hours. After my reply this should technically come up on front page.... see if it does........ :D
virald
08-05 02:44 PM
Filed 485 in vermont service center
--------------------------------------------------------------------------------
I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.
anyone else in the same boat?
Here you go --
1
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay.
--------------------------------------------------------------------------------
I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.
anyone else in the same boat?
Here you go --
1
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay.
more...
Pineapple
05-02 03:34 PM
Letter to USA Today (Published today)
-------------------------------------
Unlike illegal immigrants, our family, including two teenage girls, followed the legal way to come into the USA. My husband, an IT specialist, was asked to come by a U.S. employer. We are from Holland, where some have had a weak spot for the USA since World War II; we took the step of moving to America in 2001.
After a visa, heaps of paperwork and an extension of the visa after three years � the employer still needs my husband's skills. He also offers his skills to U.S. workers via training. No other experts are available. So, we decided we wanted to stay. Despite legal hurdles, we like it here.
But, for the past year and a half or so, the Department of Labor has stacked applicants in backlog centers to see whether it is true that no U.S. citizen is available for the job. Officials promise a lot, but we are all waiting and waiting.
If the immigration legislation adds some millions of guest workers to that stack, what will happen to us legals?
That's why I was glad to see the commentary �Stingy immigration policy stifles U.S. innovation.� I hope it raises awareness. But couldn't we legal immigrants get the front page for once?
Betty Innemee
Livingston, N.J.
--------------------------------------------------------------------------
Web Link:
http://www.usatoday.com/printedition/news/20060502/letad02.art.htm
Looks like another potential IV member, if she could be contacted.
-------------------------------------
Unlike illegal immigrants, our family, including two teenage girls, followed the legal way to come into the USA. My husband, an IT specialist, was asked to come by a U.S. employer. We are from Holland, where some have had a weak spot for the USA since World War II; we took the step of moving to America in 2001.
After a visa, heaps of paperwork and an extension of the visa after three years � the employer still needs my husband's skills. He also offers his skills to U.S. workers via training. No other experts are available. So, we decided we wanted to stay. Despite legal hurdles, we like it here.
But, for the past year and a half or so, the Department of Labor has stacked applicants in backlog centers to see whether it is true that no U.S. citizen is available for the job. Officials promise a lot, but we are all waiting and waiting.
If the immigration legislation adds some millions of guest workers to that stack, what will happen to us legals?
That's why I was glad to see the commentary �Stingy immigration policy stifles U.S. innovation.� I hope it raises awareness. But couldn't we legal immigrants get the front page for once?
Betty Innemee
Livingston, N.J.
--------------------------------------------------------------------------
Web Link:
http://www.usatoday.com/printedition/news/20060502/letad02.art.htm
Looks like another potential IV member, if she could be contacted.
snathan
01-28 01:35 PM
I am trying to collect a list of some prominent people (scientists, doctors, entrepreneurs, etc.) who are EB immigrants or were/are on H1 for an article. Please share if you happen to know or can point to such information. For example, orkut was invented by a former H-1B visa holder. Any examples with relevance in the current economic situation will be specially useful. For example, somebody who immigrated to US on EB category is now running a business and/or employing Americans.
Thanks!
1. Sheela Murthy
2. Indra nooyi
3. Vikram Pandid
4. Google Founder
5. One of the Google Director/scientest from india - who found the Google news
6. One of the Sun micro system's co-founder was indian.
You can find lots people in the internet.
Thanks!
1. Sheela Murthy
2. Indra nooyi
3. Vikram Pandid
4. Google Founder
5. One of the Google Director/scientest from india - who found the Google news
6. One of the Sun micro system's co-founder was indian.
You can find lots people in the internet.
more...
vallabhu
09-10 10:04 AM
Currently on H1B 8th year extension which will expire on 25th June, 2009.
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can’t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues
So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer
an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.
if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can’t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues
So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer
an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.
if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application
eb2_mumbai
10-28 09:33 AM
I am not 100 % sure on how pre-approved labors are judged but isnt it true that you should be qualifying from the PD of that labor so in your case 2004. This would mean your 2007 MS will not be accepted since that is after the labor. Now your BSc + 1 Yr PGD might work only if you have them in same field. I mean not guranteed but least you have a chance to appeal. But say they are totally different fields then it might not work. Example BCom + 1 Yr Computer Diploma will not cut the ice in this difficult period. If you need better answers you need to put in more details.
sammyb
02-10 07:00 PM
uploaded the letter...
read it ... wonderful ... it is very cute :).... lets see if it moves someone's heart at the current administration... thanks for sharing ...
read it ... wonderful ... it is very cute :).... lets see if it moves someone's heart at the current administration... thanks for sharing ...
drak70
10-01 11:05 AM
USCIS treats g-28 form so seriously that always requires it in original. In the form is a column
=======
PURSUANT TO THE PRIVACY ACT OF 1974, I HEREBY CONSENT TO THE DISCLOSURE TO THE FOLLOWING NAMED ATTORNEY OR REPRESENTATIVE OF ANY RECORD PERTAINING TO ME WHICH APPEARS IN ANY IMMIGRATION AND
NATURALIZATION SERVICE SYSTEM OF RECORDS:
(Name of Attorney or Representative)
THE ABOVE CONSENT TO DISCLOSURE IS IN CONNECTION WITH THE FOLLOWING MATTER:
=======
Which is plain English is your authorisation under PRIVACY ACT OF 1974 for your attorney to represent you
I would assume that you send a certified letter/fax to an attorney telling him that you no longer represent him in any way under PRIVACY ACT OF 1974.period. with copy to USCIS
I think no attorney can continue to represent your interest once you tell him not to without proper authorisation.(it will invite sanction from the Bar and USCIS
============not a legal advice===========
=======
PURSUANT TO THE PRIVACY ACT OF 1974, I HEREBY CONSENT TO THE DISCLOSURE TO THE FOLLOWING NAMED ATTORNEY OR REPRESENTATIVE OF ANY RECORD PERTAINING TO ME WHICH APPEARS IN ANY IMMIGRATION AND
NATURALIZATION SERVICE SYSTEM OF RECORDS:
(Name of Attorney or Representative)
THE ABOVE CONSENT TO DISCLOSURE IS IN CONNECTION WITH THE FOLLOWING MATTER:
=======
Which is plain English is your authorisation under PRIVACY ACT OF 1974 for your attorney to represent you
I would assume that you send a certified letter/fax to an attorney telling him that you no longer represent him in any way under PRIVACY ACT OF 1974.period. with copy to USCIS
I think no attorney can continue to represent your interest once you tell him not to without proper authorisation.(it will invite sanction from the Bar and USCIS
============not a legal advice===========
gcdreamer05
11-20 01:37 PM
Great useful service to the immigration folks
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